UNITED STATES v. CAROL

No. 71 Cr. 112.

328 F.Supp. 894 (1971)

UNITED STATES of America, v. Harry K. CAROL, Defendant.

United States District Court, S. D. New York.

July 9, 1971.


Attorney(s) appearing for the Case

Whitney North Seymour, Jr., U. S. Atty. for Southern District of New York, for the United States of America; John J. Tigue, Jr., New York City, of counsel.

William J. Gilbreth, New York City, for defendant.


OPINION

FRANKEL, District Judge.

On January 28, 1971, the defendant pled guilty to a charge of acquiring marihuana without having paid the transfer tax imposed by 26 U.S.C. § 4741 (a), thus violating 26 U.S.C. §§ 4744(a) and 7237(a). The factors pertinent to sentencing weighed strongly against imprisonment, although the court thought a fine would be appropriate. Pointing out that the defendant was (as he still is) only 23 years old, defense...

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